Tracy, CA asked in Intellectual Property, Copyright and Trademark for California

Q: I have a question about copyrights and trademarks for intellectual properties.........

I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would like to frame these images and sell then as art. I would provide a disclaimer that these are not licensed and are not exact matches........ the gpt I created will only make an image once and will never duplicate again in the future. If i ask it to make 10 pictures.......... all ten will be different. Please let me know if this is something I would be safge in doing.



1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Hi Wes,

Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand identifiers, such as logos and designs associated with Formula 1 teams and locations.

Even with a disclaimer stating that the images are not licensed or exact matches, you may still face legal challenges. The key issue is whether the images are sufficiently derivative of protected works or trademarks to be considered infringing.

It's important to be cautious in this area, as intellectual property laws are complex and infringement can lead to legal disputes. Seeking legal advice to review the specific images and their potential infringement risks is advisable before proceeding with selling them.

Remember, intellectual property rights are designed to protect creators and owners of original content, and navigating these laws requires careful consideration, especially when dealing with well-known and protected brands like Formula 1.

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